Comm No 0021 - Transmit CA-7 - Laserfiche WebLink

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3. Subsection 10-15(1,) provides that lands acquired with PONC funds shall contain a restrictive covenant that requires such lands be held in perpetuity and may not be sold, mortgaged, traded or transferred. Findings: A) The provision that lands acquired with PONC funds may not be sold, mortgaged, traded or transferred and thus must be held by the County in perpetuity, creates at least two major barriers towards management of these lands: 1) It creates formidable maintenance issues for the County. To date the program has acquired over 4,400 acres of land, with future acquisitions to follow. The County lacks the personnel and funds to absorb all of these additional parcels into the inventory of property and facilities that it maintains; and 2) Changes in title to even negligible portions of the parcels that are necessary to maintain the properties, i.e. for flood control, or to improve access, are foreclosed by this restriction. B) Code provisions from Kauai and Maui reflect a different approach that is worth considering. Subsections 6-14.3(c) through (e) of the Kauai County Code, allow moneys from their preservation fund to be appropriated to other governmental entities, nonprofit organizations, or even private owners to acquire interests in property, own or hold these lands, and manage them, as long as these actions benefit the public and the lands are protected in perpetuity. Section 3.88.070, Maui County Code contains similar provisions that authorize granting title to lands, purchased with funds from their open space fund, to land conservation organizations. Maui County protects the public's interest by way of perpetual conservation easements. These arrangements transcend the stewardship grants permitted by section 10-16(h) of Hawai`i County's Charter and significantly enhance the prospects for maintaining and improving properties acquired via these special funds. Recommendation: The Committee recommended amending section 10-15 to remove impediments to maintaining and improving these lands, in a manner that assures that the lands will be preserved for their intended purposes in perpetuity. One Committee member suggested amending the Charter to provide the flexibility needed to accomplish the objectives of this program by authorizing the Hawai`i County Council to establish procedures for the administration and expenditure of the revenues in this fund. The proposed revision to sections 10-15 and 10-16 contained in topic no. 5, on page 12 incorporates this suggestion. -9-